#62024CC0579Opinion of Advocate General Emiliou – Case C-579/24
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This opinion addresses the liability of online content-sharing service providers like YouTube under EU law, specifically regarding their responsibility to obtain authorization from rightholders for the digital copies of protected content uploaded by users. It clarifies whether these digital copies are considered reproductions under copyright law and if separate authorization is necessary for their creation. The Advocate General suggests that the authorization required for public communication of content also covers necessary digital reproductions.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Clarification of liability for online content-sharing providers
- Definition of digital copies as reproductions
- Link between public communication and reproduction authorization
Obligations
What this law requires
Online content-sharing service providers must obtain prior authorization from rightholders before communicating or making protected content available to the public
Online content-sharing service providers must obtain authorization from rightholders that covers the making of digital copies of protected content on their servers when such copies are technically required to make content available to the public
The authorization for communication or making available to the public necessarily includes authorization for technically required digital reproductions; separate authorizations are not required
Collective management societies must recognize that a single licensing agreement from the provider managing the right of communication or making available to the public covers the necessary digital reproductions
Online content-sharing service providers are liable for giving the public access to protected content uploaded by users in breach of copyright under Article 17 of Directive 2019/790